and endless increase of the number of wants, and of the difficulty of
satisfying them, of the lust of argument and the fancy of detecting
faults, with its insatiate vanity, it is all but part of that
indiscriminating relaxation of individuality in this sphere which
generates all possible complications, and must deal with them as it can.
Such a sphere is of course also the field of restrictions, because liberty
is there under the taint of natural self-will and self-pleasing, and has
therefore to restrict itself: and that, not merely with regard to the
naturalness, self-will and self-conceit, of others, but especially and
essentially with regard to reasonable liberty.
The term political liberty, however, is often used to mean formal
participation in the public affairs of state by the will and action even
of those individuals who otherwise find their chief function in the
particular aims and business of civil society. And it has in part become
usual to give the title constitution only to the side of the state which
concerns such participation of these individuals in general affairs, and
to regard a state, in which this is not formally done, as a state without
a constitution. On this use of the term, the only thing to remark is that
by constitution must be understood the determination of rights, i.e. of
liberties in general, and the organisation of the actualisation of them;
and that political freedom in the above sense can in any case only
constitute a part of it. Of it the following paragraphs will speak.
§ 540. The guarantee of a constitution (i.e. the necessity that the laws
be reasonable, and their actualisation secured) lies in the collective
spirit of the nation,—especially in the specific way in which it is itself
conscious of its reason. (Religion is that consciousness in its absolute
substantiality.) But the guarantee lies also at the same time in the
actual organisation or development of that principle in suitable
institutions. The constitution presupposes that consciousness of the
collective spirit, and conversely that spirit presupposes the
constitution: for the actual spirit only has a definite consciousness of
its principles, in so far as it has them actually existent before it.